Following their success at the IPRA Golden World Awards earlier this month, the below is an insight into Bellenden’s successful campaign with CIVEA and HCEOA to bring about reform of the regulatory framework governing the enforcement industry.
Background
Bellenden has worked with the two trade associations representing enforcement agents – the Civil Enforcement Association (CIVEA) and the High Court Enforcement Officers Association (HCEOA) – since 2010 to make the case for reform of the regulatory framework governing the enforcement system.
The old system had evolved over many decades and its flaws continued to foster complaints and disputes and undermine the ability of enforcement agents to recover debts. Reform was needed to provide a clearer system to reduce the unnecessary burden on business and improve outcomes for both debtors and the tax-paying public.
Objective of the campaign
To secure reform of the regulatory framework governing the enforcement system through the proper implementation of the Tribunals, Courts and Enforcement (TCE) Act 2007.
Strategy
Bellenden’s strategy was to leverage the interest and influence of key policymakers in Westminster and Whitehall and at local government level who would help to persuade the Government that fully implementing the TCE Act would be the most effective way in which to meet its pledge of providing ‘more protection against aggressive bailiffs’.
Execution
Bellenden delivered a targeted programme of political engagement to reach key decision makers and provide the sector with a cross-party network of supporters. Since 2010, Bellenden organised and coordinated over 70 stakeholder meetings on behalf of the associations which were instrumental in securing the support for reform of the regulatory framework and maintaining the pressure on Government to fully implement the 2007 TCE Act.
Alongside this engagement Bellenden wrote, designed and distributed a suite of targeted briefing and position papers throughout the campaign. The briefings were sent to prioritised stakeholders to ensure that they were fully sighted on the issues surrounding the reforms and the benefits that they would deliver.
In 2012 the Government launched a formal consultation entitled ‘Transforming Bailiff Action’ which set out their plans to provide more protection against aggressive bailiffs. Bellenden coordinated the associations’ response to the consultation which ensured that the industry’s views were represented and made a significant contribution to the final regulatory framework.
In addition to political engagement, Bellenden worked with the associations’ to raise awareness throughout the media of the importance of effective enforcement. Stories secured included a proactive piece in the Daily Mail highlighting how more effective enforcement of Council Tax could reduce the amount that people have to pay.
Outcomes
The reforms were successfully implemented on 6 April 2014 and introduced a series of measures that will benefit both debtor and creditor. The new transparent capped fee system for fine and tax enforcement will reduce overall fees for many debtors and removes the scope for complex multiple fees which mount up with every visit.
Furthermore, the reforms introduced an enhanced certification process with compulsory training and competence requirements that will raise the standards of the industry and infuse the public with confidence in the enforcement process.
Commenting on Bellenden’s work, Chairman of the HCEOA, Martin Leyshon, said: “On April 6th 2014, this country witnessed hundreds of years of enforcement law rolled into a single piece of legislation – the Taking Control of Goods Regulations 2013. Without the valuable work and insight of Bellenden, I believe that the change would not have happened. I would highly recommend them”.